Digest of Federal Resource Laws of Interest to the U.S. Fish and Wildlife

Service

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Treaties

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   * Antarctic Treaty

   * Boundary Waters Treaty

   * CITES

   * Environmental Protection Treaty with the Soviet Union

   * Great Lakes Treaty

   * Migratory Bird and Game Mammal Treaty with Mexico

   * Migratory Bird Treaty with Japan

   * Migratory Bird Treaty with Canada

   * Migratory Bird Treaty with the Soviet Union

   * North Atlantic Salmon Treaty

   * Northwest Atlantic Fisheries Treaty

   * Pan American Convention

   * Polar Bear Treaty

   * Ramsar Convention

   * Sea Exploration Treaty

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Antarctic Treaty (Agreed Measures for the Conservation of Antarctic Fauna

and Flora) -- These measures, adopted by the Third Antarctic Treaty

Consultative Meeting in 1959, are designed to protect the native birds,

mammals, and plants of the Antarctic.

Public Law

95-541 of October 28, 1978 (92 Stat. 2048) implements the measures by

prohibiting, among other acts, the taking, importing and transporting of

birds and mammals native to the Antarctic without a permit by persons

subject to the jurisdiction of the United States, and the importing and

exporting of such animals into or out of the United States.

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Boundary Waters Treaty (Treaty Between the United States and Great Britain

Relating to Boundary Waters between the United States and Canada; 36 Stat.

2448; T.S. 548) -- This May 13, 1910, treaty was signed in Washington,

D.C., January 11, 1909, with ratification advised by the Senate March 3,

1909, and the President ratified, April 1, 1910. Great Britain ratified

March 31, 1910. The ratification documents were exchanged May 5, 1910.

The purpose of this treaty is to prevent disputes regarding the use of

boundary waters and settle all questions pending or that may arise between

the United States and Canada involving the rights, obligations, and

interests of both nations along their common frontier.

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CITES (Convention on International Trade in Endangered Species of Wild

Fauna and Flora, 27 U.S.T. 108) -- Establishes a system of import/export

regulations to prevent the over-exploitation of plants and animals listed

in three appendices to the Convention. Different levels of trade

regulations are provided depending on the status of the listed species and

the contribution trade makes to decline of the species. Procedures are

provided for periodic amendments to the appendices.

CITES was signed by 80 nations in Washington, D.C., on March 3, 1973.

United States ratification occurred on September 13, 1973, with documents

submitted to the depository government (Switzerland) on January 14, 1974.

CITES entered into force on July 1, 1975.

Implementing legislation for the United States was provided by enactment of

P.L.93-205, the Endangered Species Act of 1973. Executive Order 11911, signed April 13,

1976, designated Management and Scientific Authorities to grant or deny

requests for import or export permits.

Public Law

96-159, signed December 28, 1979 (93 Stat. 1255) designates the Secretary

of Interior, acting through the Fish and Wildlife Service, as both the

Management and Scientific Authority for implementation of CITES. It also

created an International Convention Advisory Commission, which was later

abolished by P.L.

97-304, October 13, 1982.

Public Law

97-304 also requires the Secretary of State to report to Congress when a

reservation is not taken to the inclusion of a species in the appendices

when the United States votes against it. In addition, these amendments

require certain scientific authority findings to be based upon the best

available biological information, but no State is required to make

population estimates for such determinations.

As of December 1991, 113 nations had signed as parties to CITES.

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Environmental Protection Treaty with the Soviet Union (Agreement on

Cooperation in the Field of Environmental Protection; 23 U.S.T. 845;

T.I.A.S. 7345) -- An objective of this May 23, 1972, agreement between the

United States and the USSR is cooperation in the field of environmental

protection through exchange of scientific personnel, organization of

bilateral conferences, exchange of scientific and technical information,

and development and implementation of projects.

The agreement emphasizes activities related to air and water pollution,

enhancement of urban environment, preservation of nature, establishment of

preserves, and arctic and subarctic ecological systems. The agreement was

most recently renewed in 1987 and is renewable every 5 years.

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Great Lakes Treaty (Convention on Great Lakes Fisheries between the United

States and Canada; 6 U.S.T. 2836; T.I.A.S. 3326), as amended -- This 1954

Convention was concluded in order to recognize that joint and coordinated

efforts between the two governments are essential to determining the need

for and type of measures which will make possible the maximum sustained

productivity in Great Lakes fisheries of common concern. The Convention

established a Great Lakes Fishery Commission with specified functions

related to formulation and coordination of research programs including a

comprehensive program for sea lamprey control, and publication of

scientific and other information.

Signed September 10, 1954, in Washington, D.C., the Convention was ratified

by the United States on June 6, 1955, and by Canada on October 6, 1955.

Ratifications were exchanged at Ottawa, Canada, on October 11, 1955, and

the Convention entered into force on the same date. United States

implementation of the Convention was achieved June 4, 1956, by enactment of

Public Law 89-557, the Great Lakes Fishery Act of 1956 (16 U.S.C. 931-939c; 70 Stat. 242). 

The Convention was amended on May 19, 1967 (18 U.S.T. 1402; T.I.A.S. 6297) to

increase the number of commissioners from each country from three to four.

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Migratory Bird and Game Mammal Treaty with Mexico (Convention between the

United States of America and the United Mexican States for the Protection

of Migratory Birds and Game Mammals; 50 Stat. 1311; TS 912), as amended --

This 1936 treaty adopted a system for the protection of certain migratory

birds in the United States and Mexico. Allows, under regulation, the

rational use of certain migratory birds. Provides for enactment of laws and

regulations to protect birds by establishment of closed seasons and refuge

zones. Prohibits killing of insectivorous birds, except under permit when

harmful to agriculture. Provides for enactment of regulations on

transportation of game mammals across the United States-Mexican border.

Signed in Mexico City, February 7, 1936, this treaty was ratified by the

President of the United States on October 8, 1936, and documents of

ratification were exchanged on March 15, 1937, in Washington, D.C. United

States implementation of the treaty was accomplished by amending the

Migratory Bird Treaty Act of 1918 (16 U.S.C. 703-711; 40 Stat. 755) on June

20, 1936 (49 Stat. 1556). The treaty was amended March 10, 1972 (23 U.S.T.

260; T.I.A.S. 7302) to add 32 additional families of birds including

eagles, hawks, owls, and Corvidae family.

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Migratory Bird Treaty with Japan (Convention Between the Government of the

United States of America and the Government of Japan for the Protection of

Migratory Birds and Birds in Danger of Extinction, and Their Environment;

25 UST 3329; TIAS 7990) as amended -- This 1972 Convention is designed to

provide for the protection of species of birds which are common to both

countries, or which migrate between them by (1) enhancement of habitat, (2)

exchange of research data, and (3) regulation of hunting.

It was signed in Tokyo on March 4, 1974, with ratification advised by the

Senate of March 27, 1973, and documents of ratification exchanged September

19, 1972. The Convention entered into force September 19, 1974. An

agreement amending the annex to the Convention by adding the Maloy Bittern

was effected by exchange of notes September 19, 1974, entering into force

December 19, 1974 (25 UST 3373; TIAS 7990). This exchange also included a

list of endangered birds as provided for in Article IV of the Convention.

Implementing legislation for the United States was achieved by enactment of

P.L. 93-300, June 1, 1975 (88 Stat. 190), amending the Migratory Bird Treaty Act

of 1918 (16 USC 703-711; 40 Stat. 755), as amended.

By a 1988 exchange of diplomatic notes, Convention appendices were updated

to correct common names of species, scientific names, and to both add and

delete species on the list based upon the latest scientific knowledge.

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Migratory Bird Treaty with Canada [Convention Between the United States and

Great Britain (for Canada) for the Protection of Migratory Birds; 39 Stat.

1702; TS 628), as amended -- This 1916 treaty adopted a uniform system of

protection for certain species of birds which migrate between the United

States and Canada, in order to assure the preservation of species either

harmless or beneficial to man. Sets certain dates for closed seasons on

migratory birds. Prohibits hunting insectivorous birds, but allows killing

of birds under permit when injurious to agriculture.

The Convention was signed at Washington, D.C., on August 16, 1916, and

ratified by the United States on September 1, 1916, and by Great Britain on

October 20, 1916. Documents of ratification were exchanged on December 7,

1916. Implementing legislation for the United States was accomplished by

enactment of the Migratory Bird Treaty Act in 1918 (16 USC 703-711; 40

Stat. 755). Canada and the United States signed an agreement on January 30,

1979, to amend the treaty to allow subsistence hunting of waterfowl outside

of the normal hunting season, but it was never ratified by the Senate and

never took effect.

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Migratory Bird Treaty with the Soviet Union (Convention Between the United

States of America and the Union of Soviet Socialist Republics Concerning

the Conservation of Migratory Birds and Their Environment, T.I.A.S. 9073)

-- This Convention was signed in Moscow on November 19, 1976, and approved

by the Senate on July 12, 1978. Documents of ratification were exchanged

October 13, 1978, in Washington, D.C., and the exchanged Convention was

implemented on November 8, 1978, by P.L. 95-616 (92 Stat. 3110), which

amended the Migratory Bird Treaty Act of 1978 (16 USC 703-711; 40 Stat.

755).

The Convention provides for the protection of species of birds that migrate

between the United States and the Soviet Union or that occur in either

country and "have common flyways, breeding, wintering, feeding or moulting

areas."

It also encourages actions to identify and protect important habitat

against pollution, detrimental alteration, and other environmental

degradation, and to cooperate in measures to protect migratory birds

identified as being in danger of extinction.

This international agreement remains in force for 15 years and will

thereafter be renewed automatically on an annual basis subject to

termination by either party.

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North Atlantic Salmon Treaty (Convention for Conservation of Salmon in the

North Atlantic, T.I.A.S. 10789) -- This Convention was signed in Reykjavik,

Iceland, on March 2, 1982, and entered into force, October 1, 1983. The

parties (United States, Canada, Denmark, European Community, Iceland,

Norway) established an international organization for the conservation and

protection of Atlantic salmon.

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Northwest Atlantic Fisheries Treaty [International Convention for the

Northwest Atlantic Fisheries (ICNAF) 1 U.S.T. 477; T.I.A.S. 2089] -- This

Convention entered into force on July 3, 1950. Its purpose is the

"investigation, protection and conservation of the fisheries of the

northwest Atlantic Ocean, in order to make possible the maintenance of a

maximum sustained catch from those fisheries."

Eighteen countries are parties, including the United States. Senate advice

and consent was provided on August 17, 1949. The President ratified it on

September 1, 1949, with documents deposited on that same date. The

Northwest Atlantic Fisheries Act of 1950 (16 USC 981-991; 64 Stat. 1067),

as amended, provides implementing authority.

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Pan American Convention (Convention on Nature Protection and Wildlife

Preservation in the Western Hemisphere; 56 Stat. 1354; TS 981) -- Under

this 1940 treaty, the governments of the United States and 17 other

American republics expressed their wish to "protect and preserve in their

natural habitat representatives of all species and genera of their native

flora and fauna, including migratory birds" and to protect regions and

natural objects of scientific value.

The nations agreed to take certain actions to achieve these objectives,

including the adoption of "appropriate measures for the protection of

migratory birds of economic or esthetic value or to prevent the threatened

extinction of any given species."

The Convention was signed by the United States on October 12, 1940, and

ratified April 15, 1941. United States ratification documents were

deposited with the Pan American Union, Washington, D.C., on April 28, 1941.

Implementing legislation for the United States was achieved by enactment of

Public Law 93-205, the Endangered Species Act of 1973 (16 U.S.C. 1531-1543; 87 Stat. 884). 

Section 8(e) of the Act directs the President to designate the agencies "which

shall act on behalf of and represent the United States in all regards as

required by the Convention," which was accomplished by Executive Order

11911, April 13, 1976.

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Polar Bear Treaty (Agreement on the Conservation of Polar Bears, I.L.M.

13:13-18, January 1974) -- This 1973 agreement between the governments of

Canada, Denmark, Norway, USSR, and the United States recognizes the

responsibilities of the circumpolar countries for coordination of actions

to protect polar bears.

The agreement commits the signatories to manage polar bear populations in

accordance with sound conservation practices; prohibits hunting, killing,

and capturing bears except for limited purposes and by limited methods, and

commits all parties to protect the ecosystems of polar bears, especially

denning and feeding areas and migration corridors.

The agreement was signed by the United States on November 15, 1973,

ratified on September 30, 1976, and entered into force in this country on

November 1, 1976.

Public Law

92-522, the

Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.; 86 Stat.

1027) provides authority for the United States to implement the agreement.

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Ramsar Convention (Convention on Wetlands of International Importance

Especially as Waterfowl Habitats; I.L.M. 11:963-976; September 1972) --

This Convention was adopted in Ramsar, Iran, on February 3, 1971, and

opened for signature at UNESCO headquarters on July 12, 1972. On December

21, 1975, the Convention entered into force after the required signatures

of seven countries. The United States Senate consented to ratification of

the Convention on October 9, 1986, and the President signed instruments of

ratification on November 10, 1986.

The Convention maintains a list of wetlands of international importance and

works to encourage the wise use of all wetlands in order to preserve the

ecological characteristics from which wetland values derive. The Convention

is self-implementing, with the U.S. Fish and Wildlife Service providing

U.S. secretariat responsibilities and lead for Convention implementation.

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Sea Exploration Treaty [Convention for the International Council for the

Exploration of the Sea (ICES); 24 U.S.T. 1080; T.I.A.S. 7628) -- This

Convention, opened for signature in Copenhagen on September 12, 1964,

provides a new "constitution" for the International Council for the

Exploration of the Sea, which was originally established in 1902 as a

result of conferences held in Stockholm in 1899 and in Christiania in 1901.

The purpose of ICES is to: (a) "promote and encourage research and

investigations for the study of the sea, particularly those related to the

living resources thereof; (b) "draw up programmes required for this purpose

and to organize . . . such research and investigations as may appear

necessary;" and (c) "publish or otherwise disseminate the results of

research and investigations."

Eighteen countries are parties to this Convention. Senate advice and

consent was given March 1, 1967; ratification and accession was approved by

the President on April 4, 1967; and the documents were deposited with the

United Nations on April 18, 1973. The Convention entered into force on

April 18, 1973.